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V1540-22 27 June 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Income from the rental of different areas of a property constitutes returns on real estate capital (if they do not constitute an economic activity)

A property owner asks how to classify the income obtained from renting two different areas of their property. The DGT responds that, if it is not an economic activity, it constitutes returns on real estate capital.

The question raised

Question posed: Requests to know the classification of said income for the purposes of Personal Income Tax and the fulfillment of formal obligations regarding the income tax return.

The DGT's ruling

If the lease does not meet the requirements to be an economic activity according to Article 27.2 of the LIRPF, the income derived from the rental of the areas of the property is considered returns on real estate capital. This is based on Article 22 of the LIRPF.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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